Matter of Gambacorta v. Gambacorta, 2006-10915.

• Decision Date: 27 November 2007
• Docket Number: 2006-10915.
• Citation: 45 A.D.3d 839,2007 NY Slip Op 09392,846 N.Y.S.2d 362
• Parties: In the Matter of FRANCES GAMBACORTA, Respondent, v. ENZO GAMBACORTA, Appellant.
• Court: New York Supreme Court — Appellate Division

45 A.D.3d 839

846 N.Y.S.2d 362

2007 NY Slip Op 09392

In the Matter of FRANCES GAMBACORTA, Respondent, v. ENZO GAMBACORTA, Appellant.

2006-10915.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 27, 2007.

In a support proceeding pursuant to Family Court Act article 4, the former husband appeals, as limited by his brief, from so much of an order of the Family Court, Westchester County (Morales-Horowitz, J.), dated October 5, 2006, as denied his objections to so much of an order of the same court (Jordan, S.M.), dated February 23, 2006, as directed him to pay the sums of $16,457.86 as spousal maintenance arrears and $11,584.50 as the former wife's equitable distribution share of the parties' marital residence and, upon granting his objection to so much of the order dated February 23, 2006, as directed him to pay the sum of $9,475 for the former wife's dental expenses, directed him to pay the sum of $6,975 for such dental expenses.

Ordered that the order dated October 5, 2006, is modified, on the law, (1) by deleting the provisions thereof denying the former husband's objections to so much of the order dated February 23, 2006, as directed him to pay the sums of $16,457.86 as spousal maintenance arrears and $11,584.50 as the former wife's equitable distribution share of the parties' martial residence and substituting therefor provisions sustaining those objections, and (2) by deleting the provision thereof directing him to pay the sum of $6,975 for the former wife's dental expenses and substituting therefor a provision directing him to pay the sum of $2,500 for the former wife's dental expenses; as so modified, the order is affirmed insofar as appealed from, with costs to the former husband.

The parties were divorced pursuant to a judgment of divorce entered in the Supreme Court, Westchester County, which incorporated by reference, but did not merge, a stipulation of settlement (hereinafter the Settlement Agreement). The Settlement Agreement, inter alia, provided for distribution of the remaining equity in the marital residence, allocated responsibility for debts incurred by the former wife (hereinafter the wife), and required the former husband (hereinafter the husband) to pay the wife periodic maintenance and for certain dental expenses. Contrary to the husband's contention, the Family Court is authorized by statute to entertain petitions for the enforcement of an order or decree awarding maintenance or support, and to enter money judgments for support arrears, unless the Supreme Court expressly retains exclusive jurisdiction to enforce the terms of a judgment of divorce (see Family Ct Act § 466 [c]; Kleila v Kleila, 50 NY2d 277 [1980]; Matter of Hausman v Hausman, 27 AD3d 464 [2006]). Here, however, the Family Court, as a court of limited jurisdiction, lacked authority to determine so much of the wife's petition as sought...